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Article 147 Directive 2006/112/EC

Exemptions on exportation

Title IX · Exemptions › Chapter 6 · Exemptions on exportation

Open in the compendium3 cases ↓

Text of Article 147

1.Where the supply of goods referred to in point (b) of Article 146(1) relates to goods to be carried in the personal luggage of travellers, the exemption shall apply only if the following conditions are met:

(a)the traveller is not established within the Community;

(b)the goods are transported out of the Community before the end of the third month following that in which the supply takes place;

(c)the total value of the supply, including VAT, is more than EUR 175 or the equivalent in national currency, fixed annually by applying the conversion rate obtaining on the first working day of October with effect from 1 January of the following year.

However, Member States may exempt a supply with a total value of less than the amount specified in point (c) of the first subparagraph.

2.For the purposes of paragraph 1, ‘a traveller who is not established within the Community’ shall mean a traveller whose permanent address or habitual residence is not located within the Community. In that case ‘permanent address or habitual residence’ means the place entered as such in a passport, identity card or other document recognised as an identity document by the Member State within whose territory the supply takes place.

Proof of exportation shall be furnished by means of the invoice or other document in lieu thereof, endorsed by the customs office of exit from the Community.

Each Member State shall send to the Commission specimens of the stamps it uses for the endorsement referred to in the second subparagraph. The Commission shall forward that information to the tax authorities of the other Member States.

Consolidated version on EUR-Lex (CELEX 02006L0112-20250414). © European Union. Only the Official Journal is authentic.

Case law on Article 147: 3 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 147 of Directive 2006/112/EC, most recent first.

  1. C-656/19 BAKATI PLUS Judgment · 17 December 2020 · Hungary · cites Article 147(1), (2)
  2. C-307/16 Pieńkowski Judgment · 28 February 2018 · Poland
  3. C-563/12 BDV Hungary Trading Judgment · 19 December 2013 · Hungary · cites Article 147(1)(b)

VAT Committee guidelines on Article 147: 5

Not binding. Positions agreed in the VAT Committee set up under Article 398 of Directive 2006/112/EC and published by the Commission.